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  1. #1
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Is It A Contract Breach?

    Thank you but I really can't tell you anything more - I don't think anyone on here will want to tell you that it definitely will be or will not be enforceable. Laws vary so by state & if it went to court, we can't say what any individual judge might decide. You really need to talk to an attorney.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is It A Contract Breach?

    Although as you were told, the analysis is state-specific, I think the absence of any described penalty works in your favor. From what you posted, the contract does not require repayment of any expenses, etc., in the event of improper notice. Also, the description of the employment as being 'at will' is potentially inconsistent with the idea that you cannot quit 'at will'.

  3. #3
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Breach Of Employment Contract Before Start Date

    As either you or the employer can terminate the agreement "at will" with 30 days notice, it would seem somewhat pointless for them to pursue enforcing the contract SOLEY on the basis that you did not give them proper "30 days notice" in this particular instance.

    Say you gave that proper 30 day notice, as required, on your actual first day of employment - maybe even on your way to Europe. They would then wind up paying for your travel, living expenses, training, etc, for by their own estimate, "approximately a month," for an employee who would realistically never do anything other than attend said training, and never physically be employed at their Atlanta location. I think they'd be even more upset. And honestly, I think they'd recall and fire you immediately. I certainly don't think they'd tell you to get on the plane if you called form the airport and said you were giving your 30 day notice.

    I can see where they may be very upset, especially if non-refundable travel arrangements were made, but whether or not you give proper notice in this particular instance is kind of a moot point as ultimately the end result is the same: They're out the money and the position isn't filled.

    I would take the position that even given your last minute decision, you are just trying to mitigate any further expenses they might incur by giving them as much notice as possible, in essence probably more than 30 days, that ultimately you would not be working in the Atlanta location.

    Could it be argued that you didn't bargain in good faith, or that you breached the contract before ever making an effort to fulfill your promise? Sure. And no one can predict how a court might rule. Do I think it's realistic or good fiscal business policy for them to spend good dollars after bad pursuing an action against you? Probably not - but that's just my layman's opinion.

    If you get sued, get a lawyer.

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